March 1, 2002
CLA-2 RR:CR:TE 963884 TFCATEGORY:CLASSIFICATIONTARIFF NO.:9615.19.2000; 9615.19.4000
Ms. Quncie Akins,
Circle International, Inc.
4711 LeBourget Drive
St. Louis, Missouri 63134RE: Classification of bridal headpieces; Combs, hair-slides and the like; Heading 9615, HTSUSA
Dear Ms. Akins:
This is in response to your request on behalf of your client, Bridal Original, dated March 12, 1998, concerning the classification of five styles of bridal headpieces under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Although you listed five style numbers, two samples are classified in HQ 963881. The remaining three samples are classified in this ruling.FACTS:
The submitted merchandise consists of three styles of hair ornaments that are made in China. You describe the samples as “bridal headpieces.” Bridal headpieces are highly decorative hair ornaments typically worn on top of the head by brides. After the bridal headpieces are imported into the United States, veils are often attached to form bridal veils. However, in their imported condition, the headpieces are not dedicated for use with a veil.
Style H853IV is a decorative hair ornament consisting of a clear-colored hair comb that is attached to textile fabric. Also attached to the comb is a bundle of paper-covered wires. From this bundle stems a cascade of textile flowers that contain simulated pearls and beaded pearls. Three strips of textile fabric which measures approximately nineteen inches extend down the back of the comb along with three strands of clear filament yarn with simulated pearls along their length.
Style H858 is a decorative hair ornament consisting of a clear-colored hair comb that is attached to textile fabric. Also attached to the comb is a bundle of paper-covered wires that hold textile flowers with glued, simulated pearl beads.
Style H885 is a circular headpiece. The base is made of a textile covered wire band. The base is covered with textile fabric that is braided with strands composed of simulated pearl and iridescent beads. The article is also embellished with textile leaves, flowers and simulated pearls that are attached to paper covered wire. The interior of the headpiece features loops on both sides to hold small combs that are used to secure the headpiece to the head.ISSUE:
What is the proper classification of the bridal headpieces under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?LAW AND ANALYSIS:
The classification of substantially similar merchandise was addressed in HQ 963482, dated December 28, 2001. In that ruling, it was determined that bridal headpieces were properly classifiable in subheading 9615.19, HTSUSA, which provides for “Combs, hair-slides and the like; hairpins, curling pins, curling grips, hair-curlers and the like, other than those of heading 8516, and parts thereof: Combs hair-slides and the like.”
However, unlike the articles in HQ 963482, which were circular headpieces, some of instant articles (styles H853IV and H858), are clear-colored hair combs. Hair combs are provided in subheading 9615.19.2000 and 9615.19.4000, HTSUSA. Combs that are valued less than $4.50 per gross are classified in subheading 9615.19.2000, HTSUSA, dutiable at 9.7 cent/gross +1.3%. Combs valued greater than $4.50 per gross are classified in subheading 9615.19.4000, HTSUSA, dutiable at 28.8 cent/gross + 4.6%. Concerning the circular headpiece (Style H885), it is classified in subheading 9615.19.6000, HTSUS, dutiable at 11 percent ad valorem.
Attached you will find the above-cited ruling letter for your reference. As the subject merchandise is substantially similar to the merchandise addressed in the aforementioned ruling, the subject merchandise should be classified accordingly in subheading 9615.19, HTSUSA.HOLDING:
The bridal headpiece styles H853IV and H858 are classifiable under subheading 9615.19.2000 and 9615.19.4000, HTSUSA. As we do not have information related to the value of the combs, we are providing you with both subheadings which may be applicable for classification of the hair combs. Subheading 9615.19.2000, HTSUSA, provides for “Combs, hair-slides and the like; hairpins, curling pins, curling grips, hair-curlers and the like, other than those of heading 8516, and parts thereof: Combs hair-slides and the like: Other: Combs: Valued not over $4.50 per gross.” The general column one duty rate is 9.7 cent/gross +1.3% ad valorem. Subheading 9615.19.4000, HTSUSA, provides for “Combs, hair-slides and the like; hairpins, curling pins, curling grips, hair-curlers and the like, other than those of heading 8516, and parts thereof: Combs hair-slides and the like: Other: Combs: Valued over $4.50 per gross.” The general column one duty rate is at 28.8 cent/gross + 4.6% ad valorem.
The circular headpiece (Style H885) is classifiable under subheading 9615.19.6000, HTSUSA, which provides for “Combs, hair-slides and the like; hairpins, curling pins, curling grips, hair-curlers and the like, other than those of heading 8516, and parts thereof: Combs hair-slides and the like: Other: Other.” The general column one duty rate is eleven percent ad valorem.
Sincerely,
John Durant, Director